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On its surface, this might seem as if Republicans finally did something to help black people, if only inadvertently. It is true that the First Step Act of 2018 was one of the biggest legislative victories for advocates of criminal justice reform in years. It is also true that the legislation was promoted by Jared Kushner and sponsored by Republican lawmakers (Rep. Doug Collins of Georgia and Sen. John Cornyn of Texas).

But upon further examination, the report shows how the criminal justice system, especially in Republican states, is stacked against black people.

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In 2010, President Barack Obama signed the Fair Sentencing Act of 2010, which narrowed the gap in racially discriminatory crack vs. cocaine sentences by 82 percent. The Sentencing Commission’s report specifically examines the effects of the First Step Act that retroactively applied Obama’s 2010 law to nonviolent drug offenders who were convicted before the Fair Sentencing Act took was enacted into law.

Of the 1,051 people who applied for sentencing reductions because of this injustice:

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Before we applaud the GOP for reducing sentencing disparities, one should understand that the provision that released these hundreds of black inmates was not included in the first draft of the First Step Act. It did not address the crack vs. cocaine disparity. It didn’t address drug sentencing. It didn’t address sentencing reform at all.

These amendments were only included when dozens of organizations like the Color of Change and the Prison Policy Initiative urged Democratic lawmakers to vote against the bill unless Republicans agreed to include prison and sentencing reform initiatives. Conservative senators eventually agreed, much to the dismay of hardcore right-wingers like Sen. Tom Cotton (R-Ark.).

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To be clear, the First Step Act is a win for criminal justice reform. But the Republicans who wrote the law never meant for it to reduce the sentences of hundreds of prisoners. They never intended for it to address the racist war on drugs. Even though some people insist that we must “give the president his due,” the reason hundreds of black people have been removed from America’s system of mass incarceration is that a Democratic senator wrote a bill, a Democratic president signed it and Democrats forced Donald Trump and a Republican-controlled Congress to make it retroactive.

Nice try, though.